6.  The applicant was born in 1967 and lives in Germany.
7.  On 22 August 1994 the applicant was taken into custody in Diyarbakır on suspicion of membership of the PKK (Workers’ Party of Kurdistan).
8.  On the same date the applicant was seen by a doctor at the Diyarbakır State Hospital who noted in his report that there were no signs of beating or injuries on his body consistent with the use of force.
9.  In a letter dated 30 August 1994 the Diyarbakır Police Headquarters informed the Diyarbakır State Hospital that the applicant was in bad health and that he needed to be examined by a doctor.
10.  A medical report prepared by Dr Serda Ballı in the Diyarbakır State Hospital on the same date recorded that the applicant was suffering from fever and nausea.
11.  On 31 August 1994 the applicant was interrogated by police officers. During his interrogation, the applicant confessed to his involvement in the activities of the PKK such as bombings, making explosives and organising the sub-committees of the organisation. The applicant alleged that he was severely tortured during the interrogation.
12.  On 31 August 1994 at 3.00 p.m. three warders who were in charge from 7.00 p.m. on 30 August 1994 to 8.00 a.m. on 31 August 1994, drafted a report. It was stated in the report that the applicant, after having complained of the heat in his cell, had taken off his shirt and rubbed his back against the edge of the fixed concrete bed. This had resulted in bruising to his back.
13.  On 1 September 1994 the applicant was transferred to the Dicle University Medical Hospital on account of his serious condition.
14.  On 2 September 1994 the applicant gave a statement in the hospital to a public prosecutor attached to the Diyarbakır State Security Court. The applicant denied the allegations against him and stated that he was tortured into signing a statement drafted by police officers when he was blindfolded. He further stated that he had had no health problems before being taken into custody. The prosecutor noted, with reference to the applicant’s medical report, that the applicant was suffering from acute renal insufficiency (akut böbrek yetmezliği).
15.  On 2 September 1994 a judge at the Diyarbakır State Security Court ordered the applicant’s detention on remand.
16.  On 13 September 1994 the public prosecutor at the Diyarbakır State Security Court filed a bill of indictment with the same court. The prosecutor accused the applicant of providing explosives to other members of the organisation, establishing the provincial committee of the organisation and bombing the premises of banks and of a political party. In the light of the evidence in the case-file the prosecutor requested that the applicant be convicted and sentenced under Article 125 of the Turkish Criminal Code (Türk Ceza Kanunu).
17.  At two hearings before the Diyarbakır State Security Court on 1 May 1995 and 6 July 1995 the applicant’s lawyer alleged that his client had been subjected to torture while in custody. He pointed out that the court should have regard to the fact that the public prosecutor had questioned the applicant in the hospital. He requested the court to initiate an investigation into the applicant’s allegation of torture pursuant to Articles 151 and 152 of the Code of Criminal Procedure. The court decided that it would examine the applicant’s allegation in its final decision.
18.  In a letter of 12 April 1997 in which reference is made to the applicant’s application to the European Commission of Human Rights, the Ministry of Justice, International Law and Foreign Relations Directorate (Adalet Bakanlığı, Uluslararası Hukuk ve Dış İlişkiler Genel Müdürlüğü), requested the public prosecutor at the Diyarbakır State Security Court to initiate an investigation into the applicant’s allegation of torture.
19.  On 26 February 1998 the Commission for the Prosecution of Civil Servants in the Diyarbakır province (Diyarbakır Valiliği Memurin Muhakematı Komisyonu) decided that no prosecution should be brought against the police officers Mustafa Bölük and Hasan Koçak who had allegedly tortured the applicant. It was noted that there was no evidence to conclude that the police officers had committed the alleged crime.
20.  On 11 August 1998 the applicant filed an appeal with the Supreme Administrative Court (Danıştay) against the decision of the Commission for the Prosecution of Civil Servants. The applicant reiterated his allegation that he had been tortured.
21.  On 22 December 1998 the Diyarbakır State Security Court acquitted the applicant. The court held that there was no evidence on which to convict the applicant other than the statement he gave while in police custody.